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05-26-2009 City Council Regular Meeting PacketCity of Grand Island Tuesday, May 26, 2009 Council Session Packet City Council:Mayor: Margaret Hornady City Administrator: Jeff Pederson City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Larry Carney Scott Dugan John Gericke Peg Gilbert Chuck Haase Robert Meyer Mitchell Nickerson Bob Niemann Kirk Ramsey Jose Zapata Call to OrderCity of Grand Island City Council A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. Call to Order Pledge of Allegiance Roll Call Invocation This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. City of Grand Island City Council Item E1 Public Hearing Concerning Acquisition of Utility Easement - East Side of Broadwell Avenue from 8th Street South to the Alley, West of Jefferson School - School Dist. #2 Tuesday, May 26, 2009 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: May 26, 2009 Subject: Acquisition of Utility Easement – East side of Broadwell Avenue from 8th Street south to the Alley, west of Jefferson School - Hall County School District No. 2 Item #’s: E-1 & G-4 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Hall County School District No. 2, located on the east side of Broadwell Avenue from 8th Street south to the Alley, west of Jefferson School, in the City Of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to relocate secondary underground electric lines to facilitate the clearing of Jefferson School property. The current line is overhead and follows the vacated Jefferson Street and alley. The overhead line will be removed. Underground secondary will be placed in the new easement. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E2 Public Hearing Concerning Change of Zoning for Land Located at 3059 St. Paul Road from M2 Heavy Manufacturing to LLR Large Lot Residential Tuesday, May 26, 2009 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: May 26, 2009 Subject: Rezone request for 3059 St Paul Rd, from M2 to LLR. (C-14-2009GI) Item #’s: E-2 & F-5 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Concerning rezone request of 3059 St Paul Rd. from M2 to LLR. Rezoning of land proposed for changing located south of Airport Road and north of Capital Ave. in the 2- mile extraterritorial jurisdiction of the City of Grand Island. Discussion At the regular meeting of the Regional Planning Commission, held May 6th, 2009, the above item was considered following a public hearing Attached you will find the Planning Directors report to the Planning Commission on this item with a summary of the changes. Trish Akerly spoke in favor of the rezone request. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the rezone request as presented 2. Modify the rezone request to meet the wishes of the Council 3. Postpone the issue Recommendation A motion was made by Heineman, seconded by Bredthauer, to approve the rezone request of 3059 St Paul Rd., as presented; finding that this request is consistent with the City’s Comprehensive Plan. A roll call vote was taken and the motion passed with members present voting in favor. (Aguilar, O’Neill, Ruge, Hayes, Reynolds, Heineman, Bredthauer). Sample Motion Move to approve the rezone request for 3059 St Paul Road. Agenda Item # 4 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: May 6, 2009 SUBJECT: Zoning Change (C-14-2009GI) PROPOSAL: To rezone approximately 5.84 acres of land south of Airport Road and east of St. Paul Road from M2 Heavy Manufacturing to LLR Large Lot Residential. The property is being used for residential purposes and has been since at least 1920. The owners would like to insure that they can rebuild if the house is destroyed for any reason. OVERVIEW: Site Analysis Current zoning designation: M2 – Heavy Manufacturing Permitted and conditional uses: M2 –Heavy Manufacturing - A wide variety of warehousing, storage, manufacturing and industrial uses and no residential uses. Storage wholesale and retail sale of grain/seed and agricultural chemicals permitted. Minimum lot size of 6000 square feet with 65% coverage. Comprehensive Plan Designation: Designated for future development as a low to medium density residential. Existing land uses. Single Family Residence Proposed Zoning Designation LLR –- Agricultural uses, recreational uses and residential uses at a density of 2 dwelling units per acre with 25% coverage. Adjacent Properties Analysis Current zoning designations: North: M2- Heavy Manufacturing East: TA- Transitional Agriculture, South and West: LLR-Large Lot Residential Permitted and conditional uses: TA Agricultural uses including: raising of livestock, but not confined feeding, raising crops, greenhouses and nurseries and residential uses up to a density of 1 unit per 20 acres. Minimum lot size 20 acres. LLR –- Agricultural uses, recreational uses and residential uses at a density of 2 dwelling units per acre with 25% coverage. M2 –Heavy Manufacturing - A wide variety of warehousing, storage, manufacturing and industrial uses and no residential uses. Storage wholesale and retail sale of grain/seed and agricultural chemicals permitted. Minimum lot size of 6000 square feet with 65% coverage. Item E3 Public Hearing Concerning Change of Zoning for Land Located at 1403 Adams Street from M2 Heavy Manufacturing to R3 Medium Density Residential Tuesday, May 26, 2009 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: May 26, 2009 Subject: Rezone request for 1403 Adams St., from M2 to R3. (C- 15-2009GI) Item #’s: E-3 & F-6 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Concerning rezone request of 1403 Adams St from M2 to R3. Rezoning of land proposed for changing located north of Stolley Park Rd., and south of Fonner Park Road., in the City of Grand Island. Discussion At the regular meeting of the Regional Planning Commission, held May 6th, 2009, the above item was considered following a public hearing Attached you will find the Planning Directors report to the Planning Commission on this item with a summary of the changes. No members of the public spoke in favor or opposed to the rezone request. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the rezone request as presented 2. Modify the rezone request to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Ruge, seconded by Hayes to approve the rezone request of 1403 Adams St., as presented; finding that this requests conforms to the City’s Comprehensive Plan. A roll call vote was taken and the motion passed with 7 members present, 6 voting in favor. (Aguilar, Ruge, Hayes, Reynolds, Bredthauer, Heineman) and 1 member voting no (O’Neill). Sample Motion Move to approve the rezone request for 1403 Adams Street. Agenda Item # 5 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: May 6, 2009 SUBJECT: Zoning Change (C-15-2009GI) PROPOSAL: To rezone approximately 3.135 acres of land south of Fonner Park Road and east of Adams Street from M2 Heavy Manufacturing to R3 Medium Density Residential. This property is currently vacant. The applicant has an option to purchase this property contingent on rezoning. He intends to build apartments at this location. OVERVIEW: Site Analysis Current zoning designation: M2 – Heavy Manufacturing Permitted and conditional uses: M2 –Heavy Manufacturing - A wide variety of warehousing, storage, manufacturing and industrial uses and no residential uses. Storage wholesale and retail sale of grain/seed and agricultural chemicals permitted. Minimum lot size of 6000 square feet with 65% coverage. Comprehensive Plan Designation: Designated for future development as a low to medium density residential. Existing land uses. Vacant Proposed Zoning Designation R3 –- Medium Density Residential, Residential uses at a density of 14 dwelling units per acre with 50% coverage, non-profit uses, recreational uses and agricultural uses. Adjacent Properties Analysis Current zoning designations: North: M2- Heavy Manufacturing South and Ea st: R4- High Density Residential, West: R3-Medium Density Residential Permitted and conditional uses: M2 –Heavy Manufacturing - A wide variety of warehousing, storage, manufacturing and industrial uses and no residential uses. Storage wholesale and retail sale of grain/seed and agricultural chemicals permitted. Minimum lot size of 6000 square feet with 65% coverage. R3 –- Medium Density Residential, Residential uses at a density of 14 dwelling units per acre with 50% coverage, non-profit uses, recreational uses and agricultural uses. R4 –- High Density Residential, Residential uses at a density of 42 dwelling units per acre with 60% coverage, non-profit uses, recreational uses and agricultural uses. Item E4 Public Hearing Concerning Changes to the Grand Island City Code Section 36-173 Relative to Setback and Separation or Buffer Requirements for Towers Tuesday, May 26, 2009 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: May 26, 2009 Subject: Text Amendment of Zoning Ordinance (C-16-2009GI) Item #’s: E-4 & F-7 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Concerning amendments to the Zoning Ordinance for the City of Grand Island and its 2 mile extra-territorial jurisdiction. Amendments to be considered pertain to the Communication Towers §36-173 Setbacks and Separation or Buffer Requirements (C-16- 2009GI) Discussion The following proposed amendment to section 36.70 Section B of the Grand Island City Code, was considered by the Regional Planning Commission at the May 6, 2009 meeting following a public hearing. A copy o the recommendation from the Planning Director to the Planning Commission is attached. At the public hearing, Nabity explained Mr. Buettner was requesting a change in code for the tower he would be locating near the detention cell that the city owns. Conditional use permit would still be needed; this would allow City Council to make the final decision. §36-173. Setbacks and Separation or Buffer Requirements (A) All towers up to fifty (50) feet in height shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district. Towers in excess of fifty (50) feet in height shall be set back one additional foot for each foot of tower height in excess of fifty (50) feet except where such setback is from property owned, controlled and/or maintained the City and the City Council finds in granting the permit that reducing such additional setback will not cause harm to the intended use of the public property. The height of a tower shall be measured from the grade at the foot of the base pad to the top of any telecommunications facilities or antennas attached thereto. Setback requirements shall be measured from the base of the tower to the property line of the tract of land on which it is located. (B) Towers exceeding one hundred (100) feet in height may not be located in any residential zoned district and must be separated from all residential zoned land and occupied structures other than those utilized by the tower owner, by a minimum of two hundred (200) feet or one hundred percent (100%) of the height of the proposed tower, whichever is greater. (C) Towers of one hundred (100) feet or less in height may be located in residential zoned districts provided said tower is separated from any residential structure, school, church, and/or occupied structures other than those utilized by the tower owner, by a minimum of one hundred percent (100%) of the height of proposed tower. (D) Towers must meet the following minimum separation requirements from other towers: (1) Monopole tower structures shall be separated from all other towers, whether monopole, self-supporting lattice, or guyed, by a minimum of seven hundred fifty (750) feet. (2) Self-supporting lattice or guyed towers shall be separated from all other self-supporting or guyed towers by a minimum of one thousand five hundred (1,500) feet. Mr. Buettner spoke in favor of the proposed change. No other members of the public spoke regarding this change. Planning Commission discussed whether it is fair to allow people to “use” city property in this way. Only those people with property adjacent to city property or city controlled property will be eligible for this exception. Planning Commission discussed the differences in language between both versions of the proposed changes. They asked and it was confirmed that either version of the changes would allow Mr. Buettner to request that council make an exception for his proposed tower. This would also impact other properties near detention cells and drainage structures in the City. Questions were asked if Council could grant an exception for Mr. Buettner’s tower near Highway 30 and then deny a similar request near another cell such as the Riley Cell on Stolley Park Road and Blaine. Nabity explained that this change gives Council the ability to consider the request; it does not require that they make the exception. Council should be able to justify the difference between waiving the setback next to a rough cell with very limited public access and a park like cell with lots of accessible street frontage. Following some additional discussion a motion was made by Reynolds and seconded by Ruge, to recommend the approval of the above Text Amendment (the version recommended by staff as opposed to the version originally requested by Mr. Buettner) as presented. A roll call vote was taken and the motion passed with 7 members present all voting in favor (Aguilar, O’Neill, Ruge, Hayes, Bredthauer, Heineman and Reynolds). Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the proposed changes as presented. Sample Motion Move to approve as recommended. Agenda Item #6 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: May 6, 2009 SUBJECT: Concerning amendments to the Zoning Ordinance for the City of Grand Island and its 2 mile extra-territorial jurisdiction. Amendments to be considered pertain to the Communication Towers §36-173 Setbacks and Separation or Buffer Requirements (C-16-2009GI) PROPOSAL: The changes proposed here were requested by Patrick Buettner of Grand Island, Nebraska. All areas with changes are highlighted. Additions are Italicized and underlined and deletions are in strike out. §36-173. Setbacks and Separation or Buffer Requirements (A) All towers up to fifty (50) feet in height shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district. Towers in excess of fifty (50) feet in height shall be set back one additional foot for each foot of tower height in excess of fifty (50) feet except where such setback is from property owned by a government entity and the City Council finds in granting the permit that reducing such additional setback will not cause harm to the intended use of the public property.. The height of a tower shall be measured from the grade at the foot of the base pad to the top of any telecommunications facilities or antennas attached thereto. Setback requirements shall be measured from the base of the tower to the property line of the tract of land on which it is located. (B) Towers exceeding one hundred (100) feet in height may not be located in any residential zoned district and must be separated from all residential zoned land and occupied structures other than those utilized by the tower owner, by a minimum of two hundred (200) feet or one hundred percent (100%) of the height of the proposed tower, whichever is greater. (C) Towers of one hundred (100) feet or less in height may be located in residential zoned districts provided said tower is separated from any residential structure, school, church, and/or occupied structures other than those utilized by the tower owner, by a minimum of one hundred percent (100%) of the height of proposed tower. (D) Towers must meet the following minimum separation requirements from other towers: (1) Monopole tower structures shall be separated from all other towers, whether monopole, self-supporting lattice, or guyed, by a minimum of seven hundred fifty (750) feet. (2) Self-supporting lattice or guyed towers shall be separated from all other self-supporting or guyed towers by a minimum of one thousand five hundred (1,500) feet. OVERVIEW: The proposed changes would give the City Council flexibility in determining the appropriate setbacks for a tower when the property the tower is on is bounded by public property. Property owned by a government entity could include a: city, state, federal, natural resource district, fair board and/or public school district among others. The types of property could include: detention cells, road right of way, parks, schools, fair grounds, drainage way or projects, lakes etc… In the particular case that Mr. Buettner is interested in the tower would abut a detention cell on state owned property that is maintained by the City. Another option for amending these regulations would be to change the regulations as shown below: §36-173. Setbacks and Separation or Buffer Requirements (A) All towers up to fifty (50) feet in height shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district. Towers in excess of fifty (50) feet in height shall be set back one additional foot for each foot of tower height in excess of fifty (50) feet except where such setback is from property owned, controlled and/or maintained the City and the City Council finds in granting the permit that reducing such additional setback will not cause harm to the intended use of the public property. The height of a tower shall be measured from the grade at the foot of the base pad to the top of any telecommunications facilities or antennas attached thereto. Setback requirements shall be measured from the base of the tower to the property line of the tract of land on which it is located. (B) Towers exceeding one hundred (100) feet in height may not be located in any residential zoned district and must be separated from all residential zoned land and occupied structures other than those utilized by the tower owner, by a minimum of two hundred (200) feet or one hundred percent (100%) of the height of the proposed tower, whichever is greater. (C) Towers of one hundred (100) feet or less in height may be located in residential zoned districts provided said tower is separated from any residential structure, school, church, and/or occupied structures other than those utilized by the tower owner, by a minimum of one hundred percent (100%) of the height of proposed tower. (D) Towers must meet the following minimum separation requirements from other towers: (1) Monopole tower structures shall be separated from all other towers, whether monopole, self-supporting lattice, or guyed, by a minimum of seven hundred fifty (750) feet. (2) Self-supporting lattice or guyed towers shall be separated from all other self-supporting or guyed towers by a minimum of one thousand five hundred (1,500) feet. This change would only allow the City Council to reduce the required setbacks when the City has some interest in the property that will allow the exemption. The regulations as they are currently written do not permit Council to reduce the required setback under any circumstances. A 190 foot tower is required to be placed 145 feet from a side property line in the M2 zoning district (M2 side yard setback is 5 feet. One foot setback for every foot over 50 feet in height. 190-50 = 145). These setbacks from a side property line are required by the current regulations regardless of the adjoining use. In some cases, such as: very large rights-of-way, lakes, detention cells and other drainage structures it may be reasonable to lower the requirement on a case by case basis. The changes as proposed both by Mr. Buettner and by planning staff would let Council take the specific circumstances of either government owned or City owned controlled or maintained property into consideration while granting the permit and reduces the required setback. RECOMMENDATION: That the Regional Planning Commission recommends that the Grand Island City Council approve the changes to the Grand Island Zoning Ordinance as suggested by staff. ___________________ Chad Nabity AICP, Planning Director Item E5 Public Hearing on Acquisition by Lease-Purchase of Building to Serve as a Recreational Facility and State Fair Activities. Tuesday, May 26, 2009 Council Session City of Grand Island Staff Contact: Jeff Pederson City of Grand Island City Council Council Agenda Memo From: Jeff Pederson, City Administrator Meeting: May 26, 2009 Subject: Public hearing on Acquisition by lease-Purchase of Building to Serve as a Recreational Facility and State Fair Activities. Item #’s: E-5 Presenter(s): Jeff Pederson, City Administrator Background This is a public hear on an ordinance providing for the purchase and leasing of a building and related improvements to serve as a recreational facility for the City of Grand Island, authorizing execution and delivery of a lease-purchase agreement with Wells Fargo Brokerage Services, LLC relating to the construction and acquisition of said facility; authorizing execution and delivery of a related ground lease and escrow agreement; approving the forms of documents with respect to said lease-purchase agreement, ground lease and escrow agreement; providing for the approval of an appraisal and providing for the publishing of this ordinance. Discussion Language has been changed to grant Fonner Park access to the parking that will be paved as part of the Project. Item F1 #9214 - Consideration of Annexation of Property Located South of Case New Holland and West of Highway 281 (Final Reading) Tuesday, May 26, 2009 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: May 26, 2009 Subject: Annexation Item #’s: F1 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Annexation of land, located in the SE ¼ of the NE ¼ of 25-11-10 (south of Case New Holland and west of U.S. Highway 281) into the Grand Island City Limits see the attached map. Case New Holland, owner of this property, petitioned Council to consider annexation of this property. City Council has already approved a request to rezone the property from TA Transitional Agriculture to M1 Light Manufacturing. Discussion On March 4, 2009 the Hall County Regional Planning Commission held a public hearing before considering this matter. No members of the public testified at the hearing held by the Regional Planning Commission. This property is adjacent to and contiguous with the Grand Island City Limits. It is entirely surrounded by the City Limits. Water is available to the property. Sewer is available to the property. This property is within the Grand Island Utilities Electrical Service District. This property is within the Grand Island School District. Annexing this property will not impact the two mile extraterritorial jurisdiction of Grand Island. On April 28, 2009 Council held a public hearing concerning this annexation. No members of the public spoke at the hearing. Council passed the ordinance to annex on the first and second reading. This will be the third and final reading of the ordinance. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the annexation as presented 2. Modify the annexation to meet the wishes of the Council 3. Postpone the issue Recommendation A motion was made by Haskins, and seconded by Aguilar to recommend approval of the Annexation as it meets the City Comprehensive Plan. A roll call vote was taken and the motion passed with 7 member’s present voting favor (Aguilar, Amick, Ruge, Hayes, Haskins, Bredthauer, Snodgrass). Sample Motion Move to approve the annexation as requested. Approved as to Form ¤ ___________ May 21, 2009 ¤ City Attorney ORDINANCE NO. 9214 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land West of U.S. Highway 281 in the Southeast Quarter of the Northeast Quarter (SE1/4NE1/4) of Section Twenty-five (25) in Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska as more particularly described hereinafter and as shown on Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after public hearing on March 4, 2009, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, the following tract of land in Hall County, Nebraska: A tract of land located in part of the Southeast Quarter of the Northeast Quarter (SE1/4NE1/4) of Section Twenty-five (25), Township Eleven (11), North, Range Ten (10) West of the 6th p.m., in Hall County, Nebraska, except a certain tract more particularly described in quit claim deed recorded to the State of Nebraska in book 141, page 258, and except a certain tract more particularly described in appraiser's report recorded in book 9, page 67, and more particularly described as follows: * This Space Reserved For Register of Deeds * ORDINANCE NO. 9214 (Cont.) - 2 - Commencing at the east quarter corner of Section 25-T11N-R10W; thence on an assumed bearing of S88°08'57"W upon and along the south line of the SE1/4NE1/4 a distance of 132.51 feet to the northeast corner of Lot 2, Pedcor Second Subdivision, an addition to the City of Grand Island, Nebraska, said point also being the westerly right-of-way (ROW) line of US Highway #281 and the point of beginning; thence S88°09'55"W upon and along the south line of said SE1/4NE1/4, said line also being the north line of said Lot 2 a distance of 1189.55 feet to the southwest corner of said SE1/4NE1/4, said point also being the northwest corner of said Lot 2; thence N01°24'18"W upon and along the west line of said SE1/4, NE1/4 a distance of 1322.52 feet to the northwest corner of said SE1/4NE1/4; thence N88°18'32"E upon and along the north line of said SE1/4NE1/4 a distance of 860.86 feet to said westerly row line of US Highway #281; thence S21°57'28"E along and upon said west row line a distance of 398.06 feet to a point of curvature; thence upon and along said westerly row line around a curve in a clockwise direction having a delta angle 20°00'15", an arc length 968.79 feet, a radius 2774.79, a chord bearing S12°42'30"E with a chord distance of 963.87 feet to the point of beginning. Said tract contains a calculated area of 1,412,514.37 square feet or 32.427 acres more or less WHEREAS, after public hearing on April 28, 2009, the City Council of the City of Grand Island found and determined that such annexation be approved; and WHEREAS, on April 28, 2009, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. ORDINANCE NO. 9214 (Cont.) - 3 - (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that the extraterritorial zoning jurisdiction is extended as allowed by law. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. (E) The plan for extending City services adopted by the City Council by the passage and approval of Resolution No. 2009-58 is hereby approved and ratified as amended. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. ORDINANCE NO. 9214 (Cont.) - 4 - SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: May 12, 2009. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9214 (Cont.) - 5 - Item F2 #9215 - Consideration of Lease-Purchase Agreement, Ground Lease and Escrow Agreement for Building and Related Improvements to Serve as a Recreational Facility for State Fair Activities (Final Reading) Tuesday, May 26, 2009 Council Session City of Grand Island Staff Contact: Jeff Pederson City of Grand Island City Council Council Agenda Memo Memo Update: May 26, 2009 City Council Meeting This Ordinance is now on Third Reading and Final Passage and Adoption. A Public Hearing on the Ground Lease will be conducted earlier in the meeting. Language in the Lease Purchase Agreement has been changed to have payment requests brought before the City Council. Additionally, Attachments to the Lease Purchase Agreement and the Escrow Agreement have been completed. From: Jeff Pederson, City Administrator Meeting: May 12, 2009 Subject: Lease-Purchase Agreement, Ground Lease and Escrow Agreement for Building and Related Improvements to Serve as a Recreational Facility for State Fair Activities Item #’s: F-2 Presenter(s): Jeff Pederson, City Administrator Background The City Council has heretofore taken action intended to facilitate the contribution of the sum of $5 million towards the relocation of the Nebraska State Fair to Grand Island. That action includes the passage on September 9, 2008 of Ordinance No. 9189 implementing an occupation tax upon the sale of prepared food and non-alcoholic beverages. With the collection of the occupation tax to occur over a period of time, it becomes necessary to institute some form of borrowing in order to meet the requirements of LB 1116 that the $5 million be available for State Fair construction at the Fonner Park site. Discussion Council’s first of reading of this ordinance was held April 28, 2009. Council’s first reading of the ordinance produced discussion and recommendations on the draft of the ground lease with Fonner Park. Subsequent negotiation meetings have achieved a revision to the draft ground lease which I believe is favorable to both parties. Notable adjustments within the attached draft Ground Lease Agreement for the second ordinance reading are: · Section 3 Use · Section 5 Rent · Section 8 Assignment and Subletting Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation Approve the Agreements. Sample Motion Move to approve Ordinance No. 9215 authorizing the Lease-Purchase Agreement, Ground Lease and Escrow Agreement and authorize execution. Item F3 #9216 - Consideration of Disestablishment of Business Improvement District No. 8 Second Reading Tuesday, May 26, 2009 Council Session City of Grand Island Staff Contact: Jeff Pederson City of Grand Island City Council Council Agenda Memo Memo Update: The Public Hearing on this matter was completed on May 12, and the Ordinance was passed on first reading. The Ordinance is now before the City Council for consideration for second reading. From: Jeff Pederson, City Administrator Meeting: May 12, 2009 Subject: Disestablishment of Business Improvement District No. 8 Item #’s: E-4 & F-3 Presenter(s): Jeff Pederson, City Administrator Background On April 14, 2009, the City Council passed Resolution No. 2009-90 which set May 12, 2009 as the date for a Public Hearing on the issue of disestablishment of Business Improvement District No. 8. Some written evidence (documents) has been received, and will be brought forward at the Hearing. Discussion The City Council is now at the stage in the process where evidence is received at a public hearing regarding whether or not to disestablish Business Improvement District No. 8. State law requires that the Council hear all protests and receive evidence for or against disestablishment. Prior to closing the hearing, Council must rule upon all written protests. This merely means that Council should determine if the protests are validly signed by someone who owns property within the boundaries of the District. If the owners of more than 50% of the assessable units communicate in writing that they do not want the district to be disestablished, you will not even consider the ordinance to disestablish and the district will continue. Under every other scenario, the outcome is at the discretion of the governing body. You may disestablish the district or not depending on what you feel is in the best interests of those involved based on the evidence presented during the hearing. Although the hearing was set by a resolution of intent to disestablish the district, neither state law nor city code explicitly states that there is any presumption that you will act one way or another. If there are not enough protests to automatically stop the process, you may decide to introduce the ordinance to disestablish so that you may have a discussion about whether or not to disestablish. A vote for the ordinance would end the district. A vote against the ordinance would allow the district to continue. You also have the option of not introducing the ordinance at all and taking no further action. In that case, the district would continue. Alternatives If there are not enough protests to automatically stop the process, the Council has the following alternatives concerning the issue at hand. The Council may: 1. Continue the public hearing if more time is needed to adduce evidence or verify protests. 2. Take no action on the issue. 3. Waive the rule requiring three readings, introduce the ordinance, and vote for or against passage. 4. Introduce the ordinance on first reading. Recommendation This issue involves the owners of property within a Business Improvement District and not the day-to-day operations of the City. Since the action of the Council should be based on evidence presented at a hearing, City Administration has no recommendation. Sample Motion Motion to be taken depends on the course of action the council chooses. City Attorney’s Office Dale M. Shotkoski, City Attorney Wesley D. Nespor, Assistant City Attorney INTEROFFICE MEMORANDUM Working Together for a Better Tomorrow, Today. DATE: May 14, 2009 TO: Jeff Pederson, Dale Shotkoski FROM: Wesley D. Nespor RE: Business Improvement District assessment of residential properties ----------------------------------------------------------------------------------------------------------------------- -- Business Improvement District No. 8 is funded through a special assessment upon the property within the district. The ordinance creating BID 8 proposes to assess owner occupied residential properties at 70% of assessed valuation based on their primary benefit from the downtown beautification and maintenance programs. Residential rental property is assessed at 100%. State law regarding business improvement districts provides that “the amount of each special assessment shall be determined by the city council sitting as a board of equalization. Assessments shall be levied in accordance with the method of assessment proposed in the ordinance creating the district. If the city council finds that the proposed method of assessment does not provide a fair and equitable method of apportioning costs, then it may assess the costs under such method as the city council finds to be fair and equitable” (Section 19-4030 R.R.S.). In addition, the Council sitting as a board of equalization can review each individual property and make a determination as to the benefit conferred. The basis and justification for a special assessment are benefits to the property affected. An assessment may not be arbitrary, capricious, or unreasonable but the law does not require that a special assessment correspond exactly to the benefits received. Precise accuracy is not required. Benefits capable of easy demonstration and mathematical exactness are not necessary to support an assessment. The most any board of equalization can do is to estimate the benefits to each tract of real estate through a plan that is as uniform as possible based upon available information. Bitter v. City of Lincoln, 165 Neb. at 208-09, 85 N.W.2d at 307-08. However, the Supreme Court has also said that the amount of a special assessment cannot exceed the amount of benefits conferred on the property assessed. Brown v. City of York, 227 Neb. 183, 416 N.W.2d 574 (1987). CONCLUSION Based upon evidence adduced at a Board of Equalization hearing such as the proposed budget expenditures, location, and use of the property affected, Council could: 1.Determine that the method set forth in the ordinance is not a fair and equitable method and devise another method under which to assess the property. For instance, Council (sitting as a BOE) could determine that assessing owner-occupied residences at 70% is not fair and equitable and change the percentage. 2.Review each property individually if the owner presents evidence that the assessment exceeds the benefits to the property affected. For instance, Council could determine that the owner of a home on the edge of the district might receive less benefit than one in the heart of the district. These options are not mutually exclusive. Every property owner in the district has the right to ask the Board of Equalization to consider both the first and the second option. If the first option is exercised, it applies to everyone. The second option is a case-by-case method that the Board may grant independent of the first option. This means that the Board could change the percentage for a specific class of property from 100% to some other figure and, in addition, change individual properties even further. It may be wise if Council contemplates revising how residential properties are assessed, to have the board of equalization hearing early to sort out that issue. In fact, the method of assessment could probably be the topic of a meeting all by itself. Once the method is finalized, the calculations of the amount of assessment could be made. The proposed budget of the BID for the next year would be a critical piece of information for such a hearing. Page 1 of 1Office of the City Attorney 5/21/2009https://mail.grand-island.com/exchange/paulb/Inbox/FW:%20memobid82009.doc.EML?C... Approved as to Form ¤ ___________ May 21, 2009 ¤ City Attorney ORDINANCE NO. 9216 An ordinance disestablishing Business Improvement District No. 8; repealing Chapter 13 Sections 13-91 through 13-96; and providing for publication and the effective date of this ordinance. WHEREAS, the City Council adopted Resolution 2009-90 on April 14, 2009, indicating an intent to disestablish Business Improvement District No. 8; and WHEREAS, pursuant to said resolution, a notice of hearing was published and mailed as required by law, and public hearing duly held at 7:00 p.m. on May 12, 2009, in the Council Chambers at City Hall, 100 East First Street, Grand Island, Nebraska, concerning the disestablishment of such district; and WHEREAS, the owners of more than 50% of the assessable units within the District did not file written protests against disestablishment; and WHEREAS, the City Council now finds and determines that Business Improvement District No. 8 should be disestablished based upon the evidence adduced at the public hearing showing that disestablishment is in the collective best interests of the property owners in the District. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Article XII and Chapter 13 Sections 91 through 96 of the Grand Isla nd City Code are hereby repealed SECTION 2. Business Improvement District No. 8 is disestablished and the proceeds of any special assessments and assets acquired with such proceeds shall be subject to disposition as the City Council may hereafter determine. ORDINANCE NO. 9216 (Cont.) - 2 - SECTION 3. If any section, subsection, sentence, phrase, or clause, of this ordinance is, for any reason, held to be unconstitutional or invalid, such holding shall not affect the validity of the remaining portions of this ordinance. SECTION 4. This ordinance shall be in force and take effect from and after its passage, approval and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: 2009. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F4 #9219 - Consideration of Vacation of Easement in Vacated Jefferson Street; Adjacent to Lot One (1), Block Eleven (11) Wallich's Addition (1314 W 7th Street) Tuesday, May 26, 2009 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: May 26, 2009 Subject: Consideration of Vacation of Easement in Vacated Jefferson Street; Adjacent to Lot One (1), Block Eleven (11) Wallich's Addition (1314 W 7th Street) Item #’s: F-4 Presenter(s): Steven P. Riehle, Public Works Director Background Council action is required for vacation of a public utility easement through the passing of an Ordinance. Grand Island Public Schools has requested the vacation of the public utility easement due to pending construction of a new annex addition to Jefferson Elementary on this recently purchased property. Discussion The existing utility easement to be vacated is currently used for power supply to the school crossing signal. The power supply is being relocated at school expense. A new public utility easement will be dedicated at tonight’s meeting with a memo prepared by the Utilities Department. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the vacation of the public utility easement in vacated Jefferson Street; adjacent to Lot One (1), Block Eleven (11) Wallich’s Addition to Grand Island, Hall County, Nebraska. Sample Motion Motion to approve the vacation of the public utility easement in vacated Jefferson Street; adjacent to Lot One (1), Block Eleven (11) Wallich’s Addition to Grand Island, Hall County, Nebraska. Approved as to Form ¤ ___________ May 21, 2009 ¤ City Attorney ORDINANCE NO. 9219 An ordinance to vacate the public utility easement in vacated Jefferson Street; adjacent to Lot One (1), Block Eleven (11) Wallich’s Addition to Grand Island, Hall County, Nebraska and to provide for filing this ordinance in the office of the Register of Deeds of Hall County; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the public utility easement located in the west 16’ of vacated Jefferson Street; more particularly described as follows: BEGINNING AT THE NORTHEAST CORNER OF LOT ONE (1), BLOCK ELEVEN (11), WALLICHS ADDITION, THENCE EASTERLY ON THE SOUTH LINE OF 8TH STREET FOR A DISTANCE OF 16’, THENCE SOUTHERLY ON A LINE 16’ EAST OF AND PARALLEL TO THE EAST LINE OF SAID LOT ONE (1), BLOCK ELEVEN (11), WALLICHS ADDITION FOR A DISTANCE OF 132’, THENCE WEST ON A LINE PERPENDICULAR TO THE EAST LINE OF SAID LOT ONE (1) FOR A DISTANCE OF 16’ TO THE SOUTHEAST CORNER OF LOT ONE (1) BLOCK ELEVEN (11) WALLICHS ADDITION, THENCE NORTHERLY ON THE EAST LINE OF LOT ONE (1), BLOCK ELEVEN (11) WALLICHS ADDITION TO THE POINT OF BEGINNING is hereby vacated. Such public utility easement to be vacated is shown and more particularly described on Exhibit A attached hereto. SECTION 2. The title to the property vacated by Section 1 of this Ordinance shall revert to that part of vacated Jefferson Street upon which it is situated. SECTION 3. This Ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. ORDINANCE NO. 9219 (Cont.) - 2 - SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: May 26, 2009. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F5 #9220 - Consideration Concerning Change of Zoning for Land Located at 3059 St. Paul Road from M2 Heavy Manufacturing to LLR Large Lot Residential Tuesday, May 26, 2009 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ May 21, 2009 ¤ City Attorney ORDINANCE NO. 9220 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of the South One-half of Lot Four (4), in Garden Place, a Subdivision of a part of the Northwest Quarter of Section Three (3), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska from M2 Heavy Manufacturing to LLR Large Lot Residential; directing that such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island pursuant to the provisions of Sections 36-44 and 36-51; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on May 6, 2009, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on May 26, 2009, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned, reclassified and changed from M2 Heavy Manufacturing to LLR Large Lot Residential: South One-half of Lot Four (4), in Garden Place, a Subdivision of a part of the Northwest Quarter of Section Three (3), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska. SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Sections 36-44 and 36-51 of the Grand Island City Code be, and the ORDINANCE NO. 9220 (Cont.) - 2 - same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: ___________________________. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F6 #9221 - Consideration Concerning Change of Zoning for Land Located at 1403 Adams Street from M2 Heavy Manufacturing to R3 Medium Density Residential This item relates to the aforementioned Public Hearing Item E-3. Tuesday, May 26, 2009 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ May 21, 2009 ¤ City Attorney ORDINANCE NO. 9221 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land located in part of the East One-half of the Northwest Quarter of the Sout heast Quarter (E1/2NW1/4SE1/4) of Section Twenty-one (21), Township Eleven (11), North, Range Nine (9) West of the 6th p.m., in Hall County, Nebraska, more particularly described below, from M2 Heavy Manufacturing to R3 Medium Density Residential; directing that such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island pursuant to the provisions of Sections 36-44 and 36-51; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on May 6, 2009, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on May 26, 2009, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned, reclassified and changed from M2 Heavy Manufacturing to R3 Medium Density Residential: A tract of land comprising a part of the East Half of the Northwest Quarter of the Southeast Quarter (E½NW¼SE¼), of Section Twenty-One (21), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: Beginning at the northwest corner of Lot One (1), H.O.H.O. Subdivision, said point also being on the easterly right of way line of Adams Street; ORDINANCE NO. 9221 (Cont.) - 2 - thence running northerly on the easterly right of way line of Adams Street, on an Assumed Bearing of N00°02'09"W, a distance of Four Hundred Sixty-Two and Ninety-Four Hundredths (462.94) feet; thence running S89°17'17"E, a distance of Two Hundred Ninety-Five (295.00) feet; thence running S00°03'57"E, a distance of Four Hundred Sixty-Two and Fifty-Seven Hundredths (462.57) feet, to a point on the north line of Sunny Acres Second Subdivision; thence running N89°21'38"W, along the north line of Sunny Acres Second Subdivision and the north line of H.O.H.O. Subdivision, a distance of Two Hundred Ninety-Five and Twenty-Four Hundredths (295.24) feet, to the Point of Beginning and containing 3.135 acres more or less; SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Sections 36-44 and 36-51 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: ___________________________. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F7 #9222 - Consideration Concerning Changes to the Grand Island City Code Section 36-173 Relative to Setback and Separation or Buffer Requirements for Towers This item relates to the aforementioned Public Hearing Item E-4. Tuesday, May 26, 2009 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ May 21, 2009 ¤ City Attorney ORDINANCE NO. 9222 An ordinance to amend Chapter 36 of the Grand Island City Code specifically, to amend Section 36-173 to add an exception for tower setbacks from property owned or controlled by the City; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication in pamphlet form and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 36-173 of the Grand Island City Code are hereby amended to read as follows: §36-173. Setbacks and Separation or Buffer Requirements (A) All towers up to fifty (50) feet in height shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district. Towers in excess of fifty (50) feet in height shall be set back one additional foot for each foot of tower height in excess of fifty (50) feet. except where such setback is from property owned, controlled and/or maintained by the City of Grand Island and the City Council finds in granting the permit that reducing such additional setback will not cause harm to the intended use of the public property. The height of a tower shall be measured from the grade at the foot of the base pad to the top of any telecommunications facilities or antennas attached thereto. Setback requirements shall be measured from the base of the tower to the property line of the tract of land on which it is located. (B) Towers exceeding one hundred (100) feet in height may not be located in any residential zoned district and must be separated from all residential zoned land and occupied structures other than those utilized by the tower owner, by a minimum of two hundred (200) feet or one hundred percent (100%) of the height of the proposed tower, whichever is greater. (C) Towers of one hundred (100) feet or less in height may be located in residential zoned districts provided said tower is separated from any residential structure, school, church, and/or occupied structures other than those utilized by the tower owner, by a minimum of one hundred percent (100%) of the height of proposed tower. (D) Towers must meet the following minimum separation requirements from other towers: (1) Monopole tower structures shall be separated from all other towers, whether monopole, self-supporting lattice, or guyed, by a minimum of seven hundred fifty (750) feet. (2) Self-supporting lattice or guyed towers shall be separated from all other self-supporting or guyed towers by a minimum of one thousand five hundred (1,500) feet. Amended by Ordinance No. _______, effective __________ ORDINANCE NO.9222 (Cont.) - 2 - SECTION 2. Section 36-173 as existing prior to this amendment, and any ordinances or parts of ordinances in conflict herewith, are repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication in pamphlet form within 15 days according to law. Enacted: May 26, 2009. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of May 12, 2009 City Council Regular Meeting Tuesday, May 26, 2009 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING May 12, 2009 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on May 12, 2009. Notice of the meeting was given in The Grand Island Independent on May 6, 2009. Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members were present: Councilmember’s Meyer, Niemann, Gilbert, Carney, Dugan, Ramsey, Nickerson, Zapata, and Gericke. Councilmember Haase was absent. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, Finance Director David Springer, City Attorney Dale Shotkoski, and Public Works Director Steve Riehle. INVOCATION was given by Mayor Hornady followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady mentioned the Legislature passed LB 224 on second reading which allows the City to apply $1.5 million ball field relocation towards the $5 million City funding. Mayor Hornady introduced Community Youth Council members Claire Mackey, Paige Liess and Katrina Molholm. PRESENTATIONS AND PROCLAMATIONS: Proclamation “Tourism Recognition Month” May, 2009. Mayor Hornady proclaimed the month of May “Tourism Recognition Month”. Renee Seifert, Executive Director of the Convention Visitors Bureau was present to receive the proclamation. Presentation by Tam Allen, Vice-Chairman Nebraska State Fair Board Concerning a Request for Ground Lease and Use of City Land for State Fair Vehicle Parking. Tam Allen, Vice-Chairman of the Nebraska State Fair Board updated the council on State Fair issues. Mentioned was a 30,000 sq. ft. building proposed to be constructed near Fire Station 1. The State Fair Board had an interest in utilizing City land adjacent to Island Oasis for Fair parking. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement Located at 3134 West Highway 34 (Central Community College). Gary Mader, Utilities Director reported that a utility easement was needed at 3134 West Highway 34 in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The easement would be used to place conduit, primary electrical cable and a pad-mounted transformer to provide electrical service to the new addition of Central Community College. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 4705 Gold Core Drive (Zitski, LLC). Gary Mader, Utilities Director reported that a utility easement was needed at 4705 Gold Core Drive in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The easement would be used to provide underground conduit, Page 2, City Council Regular Meeting, May 12, 2009 cable, and a pad-mounted transformer to provide electrical service to the new Nova Tech manufacturing facility. Staff recommended approval. No public testimony was heard. Public Hearing on Acquis ition of Utility Easement Located at 2216 East Highway 30 (Bosselman Carriers, Inc.). Gary Mader, Utilities Director reported that a utility easement was needed at 2216 East Highway 30 in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The easement would be used to extend an overhead power line and add transformers to improve the electrical service to the adjacent buildings. Staff recommended approval. No public testimony was heard. Public Hearing on Disestablishment of Business Improvement District No. 8. Jeff Pederson, City Administrator reported that Resolution #2009-90 approved by City Council on April 14, 2009 required the City to hold a Public Hearing on the disestablishment of Business Improvement District No. 8. This public hearing was to hear all protests and receive evidence for or against disestablishment. Mr. Pederson explained the options available to council as required by state law. Mayor Hornady recommended a 1½ minute time limit for each person to speak on this issue since there were so many people wanting to speak. Motion by Carney, second by Gericke to appeal the decision of the Chair to limit the amount of time for the remaining speakers to 1½ minutes. Upon roll call vote, Councilmember’s Meyer, Niemann, Gilbert, Carney, Dugan, Ramsey, Nickerson, and Gericke voted aye. Councilmember Zapata voted no. Motion adopted. The time limit for each person was 3 minutes each. Submitted into the record were written protests to disestablish BID #8. The following people spoke in support: · Bruce Eberle, 3219 Hiawatha · Paul Warshauer, 217 North Locust Street · Tom Ziller, 324 West 18th Street · Carl Mayhew, 507 Plum Road · Matthew Armstrong, 2616 Cottonwood Road · Bill Ziller, 1611 St. Paul Road · John Wayne, 1101 Nebraska Highway, Phillips, NE · Marlan Ferguson, 2808 Apache Road · Kurt Haecker, 2706 Wagon Road · Marvin Webb, 4164 Allen Avenue The following people spoke in opposition: · Bill Francis, 222 North Cedar Street · Richard Baasch, 216 North Cedar Street · Jim Reed, 2511 Lakewood Drive · Wendy Alexander, 123 North Locust Street · Dave Gilroy, 115 East 20th Street · Dave Marsh, 242 South Pine Street Page 3, City Council Regular Meeting, May 12, 2009 · Louise Miller, 1104 West Charles Street · Dick Strehle, 212 East 2nd Street · Charlie Fox, 3115 South North Road · Jack Hansen, 2007 West Lamar Avenue The following person spoke in a neutral position: · Amos Anson, 1212 Sagewood Submitted into the record were protests against the disestablishment of BID #8. Assistant City Attorney Wes Nespor suggested the Council keep the public hearing open and continue with the meeting to give him a chance to count the number of protests in favor and against the disestablishment of BID #8. No further public testimony was heard. ORDINANCES: #9214 – Consideration of Annexation of Property Located South of Case New Holland and West of Highway 281 (Second Reading) Chad Nabity, Regional Planning Director explained this was the second of three readings to annex property south of Case Holland and west of Highway 281. Motion by Meyer, second by Niemann to approve Ordinance #9214 on second reading. Upon roll call vote, all voted aye. Motion adopted. #9215 – Consideration of Lease-Purchase Agreement, Ground Lease and Escrow Agreement for Building and Related Improvements to Serve as a Recreational Facility for State Fair Activities (Second Reading) Jeff Pederson, City Administrator explained the following changes to the Ground Lease Agreement: 1) Section 3 – Use; 2) Section 5 – Rent; and 3) Section 8 – Assignment and Subletting. Discussion was held concerning the Escrow Agreement and payment schedule. Marlan Ferguson, 2808 Apache Road spoke in support. Lewis Kent, 624 Meves Avenue spoke in opposition. Jay Vavricek, 2729 Brentwood Blvd. asked about naming rights, interest rate, and term of the lease. Motion by Meyer, second by Carney to approve Ordinance #9215 on second reading. Upon roll call vote, Councilmember’s Meyer, Niemann, Gilbert, Carney, Dugan, Ramsey, Zapata, and Gericke voted aye. Councilmember Nickerson voted no. Motion adopted. Public Hearing Continued on Disestablishment of Business Improvement District No. 8: Wes Nespor, Assistant City Attorney reported there were 121 valid written protests in favor of keeping the district. Mr. Nespor explained Council needed to make a motion on the findings of evidence received before the Public Hearing was closed. Page 4, City Council Regular Meeting, May 12, 2009 Motion by Nickerson, second by Zapata determining that there were 121 written protest (owners wanting to keep the district). Upon roll call vote, all voted aye. Motion adopted. The Public Hearing was closed. #9216 – Consideration of Disestablishment of Business Improvement District No. 8 This item related to the aforementioned Public Hearing. A lengthy discussion was held regarding district boundaries, assessments, timeline to create a new BID if this one wasn’t continued, and working together to resolve this issues. Bruce Eberle, 3219 Hiawatha Place explained the process of identifying the downtown boundaries and residential assessments. Motion by Carney, second by Niemann to approve Ordinance #9216 on fist reading only. Upon roll call vote, Councilmember’s Meyer, Niemann, Carney, Dugan, Nickerson, and Gericke voted aye. Councilmember’s Gilbert, Ramsey, and Zapata voted no. Motion adopted Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #9217 – Consideration of Firefighters and Police Pension Assets #9218 – Consideration of Issuance Refunding Various Purpose Bonds – Series 2009 be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Ramsey second the motion. Upon roll call vote, all voted aye. Motion adopted. #9217 – Consideration of Firefighters and Police Pension Assets Jeff Pederson, City Administrator reported that Ordinance #9217 would authorize the City to maintain and utilize the unallocated employer accounts and use assets to assist in meeting expenses incurred by the City and also fund pension benefits. Lewis Kent, 624 E. Meves Avenue spoke in opposition. Motion by Nickerson, second by Gilbert to approve Ordinance #9217. City Clerk: Ordinance #9217 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmember’s Niemann, Gilbert, Carney, Dugan, Ra msey, Zapata, and Nickerson voted aye. Councilmember’s Meyer and Gericke voted no. Motion adopted. City Clerk: Ordinance #9217 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Councilmember’s Niemann, Gilbert, Carney, Dugan, Ramsey, Zapata, and Nickerson voted aye. Councilmember’s Meyer and Gericke voted no. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9217 is declared to be lawfully adopted upon publication as required by law. Page 5, City Council Regular Meeting, May 12, 2009 #9218 – Consideration of Issuance Refunding Various Purpose Bonds – Series 2009 Bruce Lefler representing Ameritas Investment Corporation explained that Ordinance #9218 was authorizing the refinancing of the 2002 Various Purpose bonds in the amount of $2,970,000. The City would pay an average interest rate of 2.64% through 2017 with a savings of approximately $266,213. City Clerk: Ordinance #9218 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9218 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9218 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent agenda items G-12 and G-14 were removed for further discussion. Motion by Zapata, second by Nickerson to approve the Consent Agenda excluding G-12 and G-14. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of April 28, 2009 City Council Regular Meeting. Approving Minutes of May 5, 2009 City Council Study Session. #2009-103 – Approving Final Plat and Subdivision Agreement for DSK Subdivision. It was noted that Danny and Susan Kunze, owners had submitted the Final Plat and Subdivision Agreement for DSK Subdivision for the purpose of creating 6 lots east of Swan Lane and north of Bismark Road comprising of approximately 10 acres. #009-104 – Approving Final Plat and Subdivision Agreement for Miracle Valley Second Subdivision. It was noted that Joseph and Lori Brown, owners had submitted the Final Plat and Subdivision Agreement for Miracle Valley Second Subdivision for the purpose of creating 2 lots located east of Engleman Road and north of Michigan Avenue comprising of approximately 4.375 acres. #2009-105 – Approving Acquisition of Utility Easement Located at 3134 West highway 34 (Central Community College). #2009-106 – Approving Acquisition of Utility Easement Located at 4705 Gold Core Drive (Zitski, LLC). #2009-107 – Approving Acquisition of Utility Easement Located at 2216 East Highway 30 (Bosselman Carriers, Inc.) #2009-108 – Approving Anchor Point Access Permission to the Platte River Program for River Channel Monitoring. Page 6, City Council Regular Meeting, May 12, 2009 #2009-109 – Approving Wind Generation Agreement between Douglas Brunk and Grand Island Utilities. #2009-110 – Approving License Agreement with Unite Private Networks for Power Pole Attachments in an Amount of $4.00 per pole. #2009-111 – Approving Renewal of Leases at Cornhusker Army Ammunition Plant for Storage Buildings with Dominion Construction Company in an Amount of $2,750 per year and Jerry Harders in an Amount of $825.00 per year. #2009-113 – Approving Agreement for Professional Engineering Services for a Project to Replace the Primary Clarifier Mechanisms at the Waste Water Treatment Plant with Black & Veatch Corporation of Kansas City, Missouri in and Amount not-to-exceed $125,000.00. #2009-112 – Approving 2 Hour Parking Zone on the East Side of Elm Street from 4th Street South to the Alley. Steve Riehle, Public Works Director reported that in 1996 a “No Parking” designation was approved for the east side of Elm Street from 4th Street south to the alley. A request had been received from the property owner on the southeast corner of 4th Street and Elm Street requesting parking be allowed on the east side of Elm Street. Discussion was held concerning enforcement. Police Chief Steve Lamken stated if a request for enforcement was received a Code Enforcement Officer would be sent. Motion by Ramsey, second by Zapata to approve Resolution #2009-112. Upon roll call vote, Councilmember’s Meyer, Niemann, Gilbert, Carney, Dugan, Ramsey, Zapata, and Nickerson voted aye. Councilmember Gericke voted no. Motion adopted. #2009-114 – Approving Pioneer Consortium Interlocal Agreement for Library Services with Grand Island, Bellevue, Gretna, Holdrege, Lincoln, Omaha, and St. Paul. Steve Fosselman, Library Director reported a $100,000 federal grant had been received and with the adoption of this Interlocal Agreement library services would become more efficient and effective. Motion by Dugan, second by Meyer to approve Resolution #2009-114. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2009-115 – Approving Refunding Various Purpose Bonds, Series 2002. David Springer, Finance Director reported this item related the aforementioned Ordinance #9218. Approval of Resolution #2009-115 would retire the $2,925,000 Various Purpose Bonds approved in 2002. Motion by Gilbert, second by Zapata to approve Resolution #2009-115. Upon roll call vote, all voted aye. Motion adopted. #2009-116 – Approving Waste Water Cost of Services Based Rate Study. Steve Riehle, Public Works Director reported that at the May 5, 2009 City Council Study Session a presentation was made by Black & Veatch Corporation of Kansas City, Missouri on the rate study. Staff recommended approving the Rate Study presented to Council on May 5, 2009. Page 7, City Council Regular Meeting, May 12, 2009 Motion by Meyer, second by Ramsey to approve Resolution #2009-116. Upon roll call vote, all voted aye. Motion adopted. #2009-117 – Approving Addendum Number 1 to the Agreement for Professional Services for the Design of an Anaerobic Digestion System at the Waste Water Treatment Plant. Steve Riehle, Public Works Director reported that at the May 5, 2009 Study Session, Black & Veatch presented the Digestion Complex Sizing and Cost of Services Based Rate Study with a recommendation of digester sizing option 2A. Approving Resolution #2009-117 would allow Black & Veatch to proceed with Option 2A for the Digestion System. Motion by Meyer, second by Ramsey to approve Resolution #2009-117. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Zapata to approve the Claims for the period of April 29, 2009 through May 12, 2009, for a total amount of $2,806,007.61. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 10:10 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of May 19, 2009 City Council Study Session Tuesday, May 26, 2009 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION May 19, 2009 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Community Meeting Room of City Hall, 100 East First Street, on May 19, 2009. Notice of the meeting was given in the Grand Island Independent on May 16, 2009. Mayor Margaret Hornady called the meeting to order at 7:00 p.m. The following Councilmember’s were present: Gericke, Nickerson, Ramsey, Dugan, Haase, Gilbert, Niemann, and Meyer. The following City Officials were present: City Administrator Jeff Pederson, Deputy City Clerk Paul Briseno, City Attorney Dale Shotkoski, Public Works Director Steve Riehle , and Finance Director David Springer. INVOCATION was given by Mayor Margaret Hornady followed by the PLEDGE OF ALLEGIANCE. Presentation and Discussion of Master Plan for Veterans Home Athletic Complex. Jeff Pederson City Administrator began the presentation with an overview of how the need and timeline for the Fonner Park Athletic Field relocation was established as well as an overview of LB 224. An overview of Grand Island’s certification amounts and deadlines was also given. Steve Paustian, Parks and Recreation Director gave an overview of the current Fonner Park Athletic Complex and amenities. A Web Park Athletic Complex presentation was given as the site will become a future extension of the cemetery in 8-10 years. A cost estimate of $1,537,454 was presented for replacement for the Fonner Park Athletic Complex Facility. An additional 4th ball field would add $120,000 to the cost. An overview of the architect’s master plan for the Veterans Athletic Complex was presented. The overview included a proposed timeline for Phase I which could start summer 2009 and potentially made available for the fall 2010 or summer 2011 pending circumstances. Jeff Pederson concluded the presentation with an overview of financing options as it relates to the development of the site. Options for funding included expanding permitted use of the new occupation tax beyond the city owned building at Fonner Park to include a specified amount for the proposed athletic complex. It was noted that the additional amount of $1.5 million would extend the period of time necessary for the tax by 1.5 – 2 years for phase I. Council President Bob Meyer mentioned the original $5 million request for the State Fair utilizing the occupational tax. Council President Meyer stated he would only support the funding of the project through the occupational tax if the entire project was created versus a phased in approach. Council President Meyer also stated the complex will be successful and a great thing for the Grand Island Community however a sunset is still required on the occupational tax for his support. Councilmember Scott Dugan asked of the children’s play areas and why seed was recommended versus sod. Steve Paustian stated that two play areas were noted on the master plan and seeding of the facility was recommended because the sod was currently owned by Fonner and would be necessary for State Fair parking. Other factors for seeding included timing, age of the grass, cost of Page 2, City Council Study Session, May 19, 2009 removal and relaying, physical process, and the requirement of a smooth surface. Councilmember Dugan concurred with Council President Meyer’s statement of creating the additional fields and parking in one phase. Councilmember Peg Gilbert recognized Council’s commitment of $5 million with a sunset clause in September 2008. It was further mentioned that Council was made aware in October 2008 of the site plan to utilize the current Fonner Park Athletic Complex creating an unexpected cost after the occupational tax was passed. Councilmember Kirk Ramsey agreed with Council President Meyer and viewed the project as an opportunity to meet a community need. Councilmember Chuck Haase mentioned the Web Athletic Complex must relocate to the proposed Veterans Athletic Complex and would further support the addition of the facilities. Councilmember John Gericke stated the fields are a community need. Councilmember Gericke asked where the remaining State Fair funding would come. Ken Gnadt of 1610 Gretchen Ave and Cindy Johnson of 4140 Elmwood Drive responded to the inquiry stating $1,028,400 was raised to date by donations, Hall County $500,000, Hall County Fair $500,000, City of Grand Island $5,000,000 for the city building and $1,500,000 for the replacement of the Fonner Park Athletic Complex. Councilmember Mitch Nickerson mentioned that the amount raised to date was good news. Councilmember Nickerson asked if only $1.5 million cost for relocation is applicable toward the State Fair cost. Jeff Pederson stated that under LB 224 only $1.5 million in expenses is allowable toward the State Fair relocation. Additional costs to the city would not count toward the $8.5 million requirement. However, the occupational tax could be adjusted to meet the need of the entire Veterans Athletic Complex project. Councilmember Gilbert asked of additional staffing requirements would be needed with the addition of the Veterans Athletic Complex. Steve Paustian noted an efficient parks program is currently in place and would suggest an FTE dedicated to this facility. More FTE’s maybe required in the future once programs and use have been established. Councilmember Gilbert asked that the occupational tax sunset once the project is complete. Councilmember Gericke stated he would like to complete the entire project rather than constructing only phase I. Jeff Peterson said a cost estimate of additional facilities for the Veterans Athletic Complex will determined. Future action includes the preparing of the certification of $1.5 million and amendment of the occupational tax. ADJOURNMENT: The meeting was adjourned at 8:14 p.m. Paul Briseno Deputy City Clerk Item G3 #2009-118 - Approving Final Plat and Subdivision Agreement for South Place Subdivision Tuesday, May 26, 2009 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: May 26, 2009 Subject: South Place Subdivision – Final Plat Item #’s: G-3 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This final plat proposes to create 4 lots located east of Adams Street and north of Stolley Park Road. This property is zoned M2 Heavy Manufacturing Zone and is currently under request to change zoning to R3 Medium Density Residential Zone. Sewer and water are available to the site. This is approximately 3.135 acres. Discussion The final plat for South Place Subdivision was considered by the Regional Planning Commission at the May 6, 2009 meeting. A motion was made by Ruge and seconded by Hayes to approve the plat as presented on the Consent Agenda. A roll call vote was taken the motion carried with 7 members present voting in favor (Aguilar, O’Neill, Ruge, Hayes, Heineman, Reynolds, Bredthauer). Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue 5. Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. South Place Subdivision Final Plat Summary Developer/Owner Gary Eilenstine P.O. Box 5755 Grand Island NE 68802 To create 4 lots north of Stolley Park Rd., and east of Adams St., in Grand Island, in Hall County, Nebraska. Size: 3.135 acres Zoning: R3 – Medium Density Residential Zone Road Access: Public City Roads Water Public: Public water is available Sewer Public: Public sewer is available Approved as to Form ¤ ___________ May 21, 2009 ¤ City Attorney R E S O L U T I O N 2009-118 WHEREAS, Gary Eilenstine, a single person, being the owner of the land described hereon have caused to be laid out into 4 lots, a tract of land comprising a part of East Half of the Northwest Quarter of the Southeast Quarter (E1/2NW1/4SE1/4) of Section Twenty One (21), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in Grand Island, in Hall County, Nebraska, under the name of SOUTH PLACE SUBDIVISION, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of SOUTH PLACE SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 26, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G4 #2009-119 - Approving Acquisition of Utility Easement - East side of Broadwell Avenue from 8th Street south to the alley, west of Jefferson School - School Dist. #2 This item relates to the aforementioned Public Hearing Item E-1. Tuesday, May 26, 2009 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ May 21, 2009 ¤ City Attorney R E S O L U T I O N 2009-119 WHEREAS, a public utility easement is required by the City of Grand Island, from Hall County School District No. 2, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on May 26, 2009, for the purpose of discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly described as follows: Beginning at the intersection of the easterly line of Broadwell Avenue and southerly line of Eighth Street; thence southerly along the easterly right-of-way line of said Broadwell Avenue, a distance of one hundred fifty and twenty five hundredths (150.25) feet to a point on the southerly line of fractional Lot Three (3), Block Eleven (11), Wallichs Addition to the City of Grand Island, Hall County, Nebraska; thence northeasterly along the southerly line of said Lot Three (3), Block Eleven (11), a distance of five and sixty eight hundredths (5.68) feet; thence northerly, parallel with and five (5.0) feet easterly from the easterly right-of-way line of said Broadwell Avenue, a distance of one hundred fifty and twenty five hundredths (150.25) feet to a point on the southerly right-of-way line of said Eighth Street; thence southwesterly along the southerly right-of-way line of said Eighth Street, a distance of five and sixty eight hundredths (5.68) feet to the intersection of the easterly line of Broadwell Avenue and southerly line of Eighth Street being the Point of Beginning. The above-described easement and right-of-way containing a total of 0.017 acres, more or less, as shown on the plat dated 5/5/2009, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Hall County School District No. 2, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 26, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G5 #2009-120 - Approving Bid Award - Water Main Replacement - 1st Street from Pine Street to Plum Street (Water Main Project 2008- W-8) Tuesday, May 26, 2009 Council Session City of Grand Island Staff Contact: Gary R. Mader;Wes Nespor City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Wesley Nespor, Asst. City Attorney/Purchasing Meeting: May 26, 2009 Subject: Bid Award – Water Main Project 2008-W-8 First Street, Pine Street to Plum Street Item #’s: G-5 Presenter(s): Gary R. Mader, Utilities Director Background An integral part of the early growth of the City was the establishment of the “Waterworks” owned by the City of Grand Island in 1885. It was placed in service one year later and water lines began to be extended to meet the growing demands of the citizens. One of these was a 4” diameter cast-iron main installed in 1909 on the north side of First Street, from Pine Street to Plum Street. At the time of its construction, it represented quality and value for the then foreseeable future. However, after 100 years of service, the pipe remains in good physical condition but the small diameter does not meet current standards. This section of main needs to be replaced to meet the modern requirements for service, reliability, and fire protection. Water Main Project 2008-W-8 provides for furnishing materials, trenchless installation of a new 8” diameter ductile-iron water main, new water service connections to the residences connected to the old water line, and the abandonment of the existing 4” main. At the time initial planning was started on this replacement project, it was anticipated that Water Department funding limitations would require the construction to be done in two sections, with a portion of the old water main in First Street being replaced this fiscal year and the remainder in the next fiscal year. A map of the project area showing the two sections is attached for reference. Also during the planning stage, since the project is located within the area designated for community revitalization funds, it was submitted for consideration to the Nebraska Department of Economic Development. Their evaluation deemed the project qualified to be partially funded by a Community Development Block Grant (CDBG). Discussion With the potential for construction to span multiple years, contract specifications were prepared to provide for a Base Bid area (in First Street from Sycamore to Plum Street) with Option 1 (to add the section from Pine to Sycamore Street). Bidding documents were submitted to eight firms and advertised in accordance with City Procurement Codes. Three bids were received and publicly opened at 11:00 a.m. on May 14, 2009. The bids are tabulated below: Bidder Exceptions Bid General Excavating Lincoln, NE None Item C.1, Base Bid: Item C.2, Option 1: Item C.3, Total: $126,864.20 $ 36,320.69 $163,184.89 Midlands Contracting, Inc. Kearney, NE None Item C.l, Base Bid: Item C.2, Option 1 Item C.3, Total: $164,149.80 $ 38,833.40 $202,983.20 Diamond Engineering Co. Grand Island, NE None Item C.1, Base Bid: Item C.2, Option 1: Item C.3, Total: $198,891.46 $ 47,416.00 $246,307.46 The received bids have been reviewed and evaluated. The low bid from General Excavating is complete and without exceptions. Their bid is below the total project estimate of $396,000, and meets all City contract requirements. Construction funds are available in the FY ’08 – ’09 Budget. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve contract award 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council accept the bids for both the Base Bid and Option 1; awarding the contract for Water Main Project 2008-W-8, to the low responsive bidder, General Excavating, of Lincoln, Nebraska, in the amount of $163,184.89. Sample Motion Make a motion to award the contract for Water Main Project 2008-W-8 to General Excavating of Lincoln, Nebraska, in the amount of $163,184.89. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: May 14, 2009 at 11:00 a.m. FOR: Water Main Project 2008-W-8 DEPARTMENT: Utilities ESTIMATE: $396,000.00 FUND/ACCOUNT: 525 PUBLICATION DATE: April 22, 2009 NO. POTENTIAL BIDDERS: 6 SUMMARY Bidder: Midlands Contracting, Inc. The Diamond Engineering Co. Kearney, NE Grand Island, NE Bid Security: Travelers Casualty Universal Surety Co. Exceptions: None None Bid Price: Item C.1 Base Bid: $164,149.80 $198,891.46 Item C.2: Option 1 38,833.40 47,416.00 Item C.3:Total $202,983.20 $246,307.46 Bidder: General Excavating Lincoln, NE Bid Security: Universal Surety Company Exceptions: None Bid Price: Item C.1 Base Bid: $126,864.20 Item C.2: Option 1 36,320.69 Item C.3:Total $163,184.89 P1336 Approved as to Form ¤ ___________ May 21, 2009 ¤ City Attorney R E S O L U T I O N 2009-120 WHEREAS, the City Utilities Department invited sealed bids for water main replacement, in First Street from Pine Street to Plum Street (Water Main Project 2008-W-8); and WHEREAS, on May 14, 2009, bids were received, opened and reviewed; and WHEREAS General Excavating of Lincoln, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $163,184.89; and WHEREAS, the bid of General Excavating, of Lincoln, Nebraska, is less than the estimate for replacement of water main in First Street from Pine Street to Plum Street (Water Main Project 2008- W-8). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of General Excavating, of Lincoln, Nebraska in the amount of $163,184.89 for replacement of water main in First Street from Pine Street to Plum Street (Water Main Project 2008-W-8) is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 26, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2009- - Approving Authorization for Emergency Sanitary Sewer Repairs on Koenig Street, Between Oak Street and Vine Street Tuesday, May 26, 2009 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: May 26, 2009 Subject: Approving Authorization for Emergency Sanitary Sewer Repairs on Koenig Street, Between Oak Street and Vine Street Item #’s: G-6 Presenter(s): Steven P. Riehle, Public Works Director Background Emergency sanitary sewer repairs are needed for a collpasing sanitary sewer line on Koenig Street, between Oak Street and Vine Street. Discussion The Diamond Engineering Company of Grand Island, Nebraska was hired at a maximum amount of $35,000.00 to effect the necessary repairs. Contact was made with two other contractors, O'Hara Plumbing Company and Starostka Group, both of Grand Island, Nebraska, and neither was available to do the job. Midlands Contracting, Inc. of Kearney, Nebraska will also be lining the 198 feet of sanitary sewer pipe between Oak and Vine Streets for a total cost of $7,494.50. The Diamond Engineering Company will be paid based on time and materials actually incorporated into the repair work, with a maximum of $35,000.00. We are requesting permission to use the emergency procurement procedures as outlined in Section 27-13 of the City Code. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve usage of the City's Emergency Procurement Procedures and pass a resolution authorizing The Diamond Engineering Company of Grand Island, Nebraska to perform the repairs and Midlands Contracting, Inc. of Kearney, Nebraska to line the 198 feet of sanitary sewer pipe. Sample Motion Motion to approve the usage of the City's Emergency Procurement Procedures and authorize The Diamond Engineering Company of Grand Island, Nebraska to peform the repairs and Midlands Contracting, Inc. of Kearney, Nebraska to line the 198 feet of sanitary sewer pipe. Approved as to Form ¤ ___________ May 21, 2009 ¤ City Attorney R E S O L U T I O N 2009-121 WHEREAS, the Wastewater Division of the Public Works Department needed to perform an emergency sanitary sewer repair and sewer pipe lining on Koenig Street between Oak Street and Vine Street; and WHEREAS, the estimated cost is $42,494.50.00 (actual cost based on time and materials); and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska has been requisitioned to do said repairs; and WHEREAS, Midland Contractors, Inc. of Kearney, Nebraska has been requisitioned to line the 198 feet of sanitary sewer pipe; and WHEREAS, two other contractors were contacted for quotes and they were unavailable to perform the work in a timely manner. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the sanitary sewer repair on Koenig Street between Oak Street and Vine Street by The Diamond Engineering Company of Grand Island, Nebraska, at a maximum cost of $35,000.00 is hereby approved. BE IT FURTHER RESOLVED, that the lining of the 198 feet of sanitary sewer pipe by Midlands Contracting, Inc. of Kearney, Nebraska, at a maximum cost of $7,494.50 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute purchase orders for the repair and lining projects on behalf of the City Of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 26, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2009- - Approving Certificate of Final Completion for Storm Drainage Project No. 2009-D-1; Cottonwood Lake Silt Structures Tuesday, May 26, 2009 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: May 26, 2009 Subject: Approving Certificate of Final Completion for Storm Drainage Project No. 2009-D-1; Cottonwood Lake Silt Structures Item #’s: G-7 Presenter(s): Steven P. Riehle, Public Works Director Background The Diamond Engineering Company of Grand Island, Nebraska was awarded a $25,673.32 contract for the above project on January 13, 2009. The contract was for the installatio n of silt structures that are designed to catch silt in the storm drainage system before it outlets into Cottonwood Lake. Work commenced on April 7, 2009 and was completed on May 1, 2009. Discussion The project was completed in accordance with the terms, conditions, and stipulations of the contract, plans, and specifications. It was completed for the contract amount of $25,673.32. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for Storm Drainage Project No. 2009-D-1; Cottonwood Lake Silt Structures. Sample Motion Motion to approve the Certificate of Final Completion for Storm Drainage Project No. 2009-D-1; Cottonwood Lake Silt Structures. ENGINEER’S CERTIFICATE OF FINAL COMPLETION Storm Drainage Project No. 2009-D-1 Cottonwood Lake Silt Structures CITY OF GRAND ISLAND, NEBRASKA May 26, 2009 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Storm Drainage Project No. 2009-D-1 has been fully completed by The Diamond Engineering Company of Grand Island, Nebraska under the contract dated January 13, 2009. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Storm Drainage Project No. 2009-D-1 Unit Total Total No. Description Price Unit Quantity Cost 1. Special Junction Box No. 1 $7,914.53 ea. 1.00 $7,914.53 2. Special Junction Box No. 2 $8,089.43 ea. 1.00 $8,089.43 3. Special Junction Box No. 3 $4,082.06 ea. 1.00 $4,082.06 4. Special Junction Box Extra Depth $534.67 v.f. 10.45 $5,587.30 --------------- Original Project Total $25,673.32 I hereby recommend that the Engineer’s Certificate of Final Completion for Storm Drainage Project No. 2009- D-1 be approved. ____________________________________________ ___________________________________ Steven P. Riehle – City Engineer/Public Works Director Margaret Hornady – Mayor Approved as to Form ¤ ___________ May 21, 2009 ¤ City Attorney R E S O L U T I O N 2009-122 WHEREAS, the City Engineer/Public Works Director for the City of Grand Island has issued a Certificate of Completion for Storm Drainage Project No. 2009-D-1; Cottonwood Lake Silt Structures, certifying that The Diamond Engineering Company of Grand Island, Nebraska, under contract, has completed the silt structure installation; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Storm Drainage Project No. 2009-D-1; Cottonwood Lake Silt Structures, is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 26, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2009- - Approving Certificate of Final Completion for Handicap Ramp Project No. 2008-2 Tuesday, May 26, 2009 Council Session City of Grand Island Staff Contact: Steven R. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: May 26, 2009 Subject: Approving Certificate of Final Completion for Handicap Ramp Project No. 2008-2 Item #’s: G-8 Presenter(s): Steven P. Riehle, Public Works Director Background Galvan Construction, Inc. of Grand Island, Nebraska was awarded a $98,787.60 contract for the above project on September 23, 2008. The contract was for the installation of handicap ramps, in conjunction with asphalt street resurfacing in accordance with Federal ADA (Americans with Disabilities Act) regulations. Work commenced on March 20, 2009 and was completed on April 24, 2009. Discussion The project was completed in accordance with the terms, conditions, and stipulations of the contract, plans, and specifications. It was completed with an overrun of $5,675.48, for a total cost of $104,463.08. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends tha t the Council approve the Certificate of Final Completion for Handicap Ramp Project No. 2008-2. Sample Motion Motion to approve the Certificate of Final Completion for Handicap Ramp Project No. 2008-2. ENGINEER’S CERTIFICATE OF FINAL COMPLETION Sanitary Sewer Project No. 2008-2 CITY OF GRAND ISLAND, NEBRASKA May 26, 2009 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Handicap Ramp Project No. 2008-2 has been fully completed by Galvan Construction, Inc. of Grand Island, Nebraska under the contract dated September 29, 2008. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Handicap Ramp Project No. 2008-2 Unit Total Total No. Description Price Unit Quantity Cost 1. Remove 4” Walk w/ Wire $ 2.50 s.f. 2033.67 $ 5,084.18 2. Remove 4” Walk (no wire) $ 2.25 s.f. 6313.85 $ 14,206.16 3. Remove Vertical Curb $ 2.50 l.f. 953.78 $ 2,384.45 4. Remove 24” Curb & Gutter $ 5.50 l.f. 472.17 $ 2,596.94 5. Remove 6” Pavement $ 20.00 s.y. 12.47 $ 249.40 6. Remove 8” Pavement $ 30.00 s.y. 4.93 $ 147.90 7. Saw Cut $ 3.50 l.f. 1656.30 $ 5,797.05 8. Place 4” Walk $ 3.00 s.f. 8497.15 $ 25,491.45 9. Build Vertical 6” Curb $ 10.00 l.f. 953.78 $ 9,537.80 10. Build 24” Curb & Gutter $ 17.50 l.f. 472.20 $ 8,263.50 11. Replace 6” Pavement $ 30.00 s.y. 11.39 $ 341.70 12. Replace 8” Pavement $ 35.00 s.y. 4.93 $ 172.55 13. Adjust Water Valve $100.00 ea. 10.00 $ 1,000.00 14. Adjust Inlet Cover $150.00 ea. 1.00 $ 150.00 15. Place 2x2 Dome Panels $165.00 ea. 176.00 $ 29,040.00 --------------- Original Project Total $104,463.08 I hereby recommend that the Engineer’s Certificate of Final Completion for Handicap Ramp Project No. 2008-2 be approved. ____________________________________________ ___________________________________ Steven P. Riehle – City Engineer/Public Works Director Margaret Hornady – Mayor Approved as to Form ¤ ___________ May 21, 2009 ¤ City Attorney R E S O L U T I O N 2009-123 WHEREAS, the City Engineer/Public Works Director for the City of Grand Island issued a Certificate of Completion for Project No. 2008-2, installation of Handicap Ramps, certifying that Galvan Construction, Inc. of Grand Island, Nebraska, under contract, has completed the handicap ramp installation; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Project No. 2008-2, installation of Handicap Ramps, is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 26, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2009-124- Approving Payment to Pheasants Forever Tuesday, May 26, 2009 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Parks Director Meeting: May 26, 2009 Subject: Approving Payment to Pheasants Forever Item #’s: G-9 Presenter(s): Steve Paustian, Parks Director Background The City entered into an agreement with Pheasants Forever and the Soil Conservation Service to develop habitat for upland game birds on buffer areas at the Heartland Public Shooting Park. Discussion Seed was purchased by a representative of Pheasants Forever for planting at the HPSP. This representative did not follow City purchasing requirements. I had informed him prior to this activity that certain purchasing rules must be followed. I have spoken with him again and explained the process again to him. As this is a reimbursement program the City must pay the bill and then will be eligible for reimbursement of the costs. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends approve the payment of the bill to Pheasants Forever in the amount of $4,421.98, to be reimbursed to the City at a later date. Sample Motion Motion to approve the resolution authorizing the City to pay Pheasants Forever for seed planted at the HPSP. Approved as to Form ¤ ___________ May 21, 2009 ¤ City Attorney R E S O L U T I O N 2009 - 124 WHEREAS, the City of Grand Island entered into a contract with Pheasants Forever to develop and plant game bird habitat; and WHEREAS, April 8, 2009, seed was purchased by Pheasants Forever in the amount of $4,421.98 to be planted at the Heartland Public Shooting Park; and WHEREAS, the City must pay the bill to Pheasants Forever for later reimbursement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bill of $4,421.98 owed to Pheasants Forever be paid for later reimbursement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 26, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2009-125 - Approving Bid Award for a Used Articulated Loader Tuesday, May 26, 2009 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Parks Director Meeting: May 26, 2009 Subject: Approving Bid Award for One Used Articulated Loader Item #’s: G-10 Presenter(s): Steve Paustian, Parks Director Background On May 9, 2009 the Park and Recreation Department, Heartland Public Shooting Park Division advertised for bids for the purchase of 1 used articulated loader for the Heartland public Shooting Park. Discussion The articulated loader is similar to one that has been borrowed many times over the years from a volunteer. The efficiencies of borrowing this piece of equipment or renting other similar pieces is very inefficient and costly. To this end funds were budgeted in the 2008-09 budget for the purchase of this piece of equipment. Fund number 10044801 85615 Machinery and Equipment has $35,000.00 budgeted for this purchase. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends approval of the purchase of the used articulated loader from Fairbank Equipment of Grand Island in the amount of $25,000.00.. Sample Motion Motion purchase used articulated loader from Fairbank Equipment. Approved as to Form ¤ ___________ May 21, 2009 ¤ City Attorney R E S O L U T I O N 2009 - 125 WHEREAS, the City of Grand Island invited sealed bids for a Used Articulated Loader, according to plans and specifications on file with the Parks and Recreation Department, Heartland Public Shooting Park; and WHEREAS, on May 18, 2009, bids were received, opened and reviewed; and WHEREAS, Fairbanks Equipment of Nebraska from Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids, plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $25,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Fairbanks Equipment of Nebraska from Grand Island, Nebraska, in the amount of $25,000.00 for a Used Articulated Loader is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 26, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of May 13 2009 through May 26, 2009 The Claims for the period of May 13, 2009 through May 26, 2009 for a total amount of $2,610,784.92 A MOTION is in order. Tuesday, May 26, 2009 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council